Persuasive Authority

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Persuasive Authority

Sources of law, such as related cases or legal encyclopedias, that the court consults in deciding a case, but which, unlike binding authority, the court need not apply in reaching its conclusion.

References in periodicals archive ?
The court's decision in this case will provide persuasive precedent to defend free speech there and in other states.
The most persuasive precedent to cite, of course, is an on-point decision of the U.
As to the disputed battlefield issues on which you must pievail, the statements of law and facts, and the analysis of binding and persuasive precedent, must be thorough to a fault.
Students are introduced to a measure of legalese when asked to consider a series of core concepts, which include latin maxims, namely, stare decisis, binding and persuasive precedent, affirming, overruling, reversing and distinguishing, all within the framework of the detail of a given court hierarchy.
Since the funds did not provide a list of specific documents that they thought should be privileged, and did not cite persuasive precedent or have persuasive reasons for why the documents were deserving of work-product protection, the court upheld the District Court decision to grant the Secretary permission to enforce the subpoenas.
persuade," looking to persuasive precedent is a natural fit.
Courts bound by stare decisis generally believe themselves obligated to provide a much stronger rationale for abandoning their prior decisions than they would feel obligated to provide if they are simply choosing to ignore persuasive precedent.
13) Persuasive precedent merely requires courts to look at previous decisions for guidance.
The 1991 Civil Rights Act did not in any way disturb this holding and it unquestionably remains persuasive precedent today.
2004) (defining a persuasive precedent as a precedent that is not binding, but "entitled to respect and careful consideration").
The judgment provides little substantive guidance, and thus little persuasive precedent for future cases, on applying these factors in reaching a decision to impose a term of imprisonment.
495 (1986) (stating that decisions of lower federal courts on issues of federal law are only persuasive precedent for state courts); Robert A.